WAEC 2022 Government · Question 36
Public corporation has a legal personality which means that
Options
- A.no legal suit can be brought against
- B.it can sue and can be sued
- C.it has ultimate power to make its own laws
- D.there is a legal department that represents it
Answer: B. it can sue and can be sued
Explanation written with AI and checked against the answer key
Step 1: Analyze the question The question asks what it means when a public corporation has a "legal personality."
Step 2: Explain the concept Legal personality (also called a "juristic person" or "corporate personality") means the law treats an organization as a separate entity, distinct from its owners, managers, or members. Because it is treated like a person in law, it can:
- Own property in its own name
- Enter into contracts
- Sue others in court
- Be sued in court
- Continue to exist even if its staff or managers change (perpetual succession)
Nigerian examples include NNPC, the Nigerian Ports Authority (NPA), and the Federal Airports Authority of Nigeria (FAAN). Each is created by an Act of the National Assembly or a law of the State Assembly, and each can take legal action or be taken to court in its own name.
Step 3: Check each option
- A. No legal suit can be brought against it: Wrong. This is the opposite of legal personality. A public corporation can be sued.
- B. It can sue and can be sued: Correct. This is the main practical meaning of legal personality.
- C. It has ultimate power to make its own laws: Wrong. Only legislative bodies make laws. A corporation may make internal rules or bye-laws only within the powers its enabling Act gives it, and it has no ultimate lawmaking power.
- D. There is a legal department that represents it: Wrong. Having a legal department is an administrative arrangement. It is not what legal personality means.
Step 4: Answer The correct option is B.
Tip: When you see "legal personality" or "juristic person," think "SUE and be SUED". It also means "own property and make contracts." Any option that says a body is immune from suit or can make its own laws is almost certainly a distractor.
AI can make mistakes. Report anything that looks wrong.
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